- 1 - HC-KAR NC: 2025:KHC:51455 CMP No. 426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 426 OF 2025 BETWEEN: BETTERPLACE SAFETY SOLUTIONS PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT 144, 144/1, 3RD FLOOR SHUBHARAM COMPLEX, M.G ROAD, BANGALORE 560001 THROUGH ITS AUTHORISED REPRESENTATIVE, MS. PALLAVI DAS …PETITIONER (BY SRI. ARJUN SANTHOSH.,ADVOCATE) AND: ADITYAVANI FACILITY SERVICES PVT LTD NO 410, 2ND FLOOR, 5TH MAIN, 2ND BLOCK HRBR LAYOUT, KALYAN NAGAR BANGALORE 560043 INDIA. …RESPONDENT (RESPONDENT SERVED) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996 PRAYING TO APPOINT A FIT AND PROPER PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES AND DIFFERENCES ARISING BETWEEN THE PETITIONER AND RESPONDENT UNDER THE SERVICE AGREEMENT DATED 23.11.2021 AS PROVIDED UNDER CLAUSE 12.3. AT ANNEXURE-B AND ETC. THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51455 CMP No. 426 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a) Appoint a fit and proper person as the Sole Arbitrator to adjudicate the disputes and differences arising between the Petitioner and Respondent under the Service Agreement dated 23.11.2021 as provided under clause 12.3; at Annexure-B b) Grant costs of this petition; and c) Pass such further or other orders as may be deemed fit and proper in the facts and circumstances of the case. 2. Petitioner and respondent had entered into service agreement on 23.11.2021 which was effective from 10.11.2021, which is governed by clause 12.3 which is reproduced hereunder for easy reference: “12.3. All disputes and differences that may arise between the parties hereto in respect of any of the covenants of this Agreement or any interpretation thereof and that are not resolved amicably shall be resolved by arbitration of a sole arbitrator appointed with the mutual consent of SERVICE PROVIDER and the Client, who shall conduct the proceedings in accordance with the Arbitration and Conciliation Act, 1996 including any modification and respondent-enactment thereof in force from time to time.” - 3 - HC-KAR NC: 2025:KHC:51455 CMP No. 426 of 2025 3. Disputes having arisen, several notices were issued by the petitioner to the respondent which were not favourably answered. Hence, the petitioner invoked the arbitration clause vide notice dated 12.06.2025 nominating its arbitrator and issued notice under Section 21 of Arbitration and Conciliation Act. The said notice also sent by e-mail to the respondent and the respondent has replied stating that there is no data which is available and as such, sending of legal notice is of no use. It is in that background, the petitioner had approached this Court. 4. Notice having been issued to the respondent, the respondent, though served has chosen to be unrepresented. In these circumstances, the matter is taken up for hearing. 5. A perusal of the Service Agreement indicates that the same is governed by an arbitration clause requiring the dispute between the parties to be adjudicated by way of arbitration. Necessary notices have been - 4 - HC-KAR NC: 2025:KHC:51455 CMP No. 426 of 2025 issued in terms of the Arbitration and Conciliation Act, the respondent has not concurred or nominated its own arbitrator. In that view of the matter, I am of the considered opinion that the above petition is required to be allowed. As such, I pass the following: ORDER i. The CMP is allowed. ii. Ms.Spoorthi Cotha, learned Advocate [KAR/1579/2020], Mail id- spoorthicotha@gmail.com [8861158940] is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & - 5 - HC-KAR NC: 2025:KHC:51455 CMP No. 426 of 2025 Conciliation Centre without requirement of any notice on 16.12.2025 at 2.30 p.m. v. All contentions are left open. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 76